Jury's Special Verdict Sheet
Jurors, after deliberation of all the testimony, documents
and exhibits you are to carefully consider the evidence and come to a unanimous
conclusion as to each question below:
Elements of the plaintiff's prima facie case
of Negligence:
Negligence is a "tort," a private (non-criminal) wrong
or injury. To prevail on a claim of negligence, a plaintiff must prove
by a preponderance of the evidence the following four elements:
-
Duty of reasonable care to the injured
party,
-
Breach by the defendant of the duty of
reasonable care,
-
Proximate (legal) causation of the plaintiff's
injuries (here, in this case, the cause of Mr. Jensen's wrongful
death);
-
Damages.
1. Duty of Reasonable Care:
(a) Was Hans Peder Jensen a Foreseeable Plaintiff to
The White Star Line?
Yes ____, No ____
(b) Did The White Star Line owe a duty of reasonable
care to its passenger, Hans Peder Jensen?
Yes X , No ____
(The judge has determined that as a 'matter of law' The White Star Line
owed Mr. Jensen a duty of reasonable care so you need not decide this matter.)
IF THE ANSWERS TO THE ABOVE QUESTIONS 1.(a) AND (b) ARE ANSWERED
"YES" PROCEED TO THE NEXT QUESTION:
2. Breach of the Duty Owed:
Did The White Star Line breach the duty of care
owed to Hans Peder Jensen?
Yes ____, No ____
IF THE ANSWER TO QUESTION 2 IS "YES" PROCEED TO THE NEXT QUESTION:
3. Causation:
(a) Factual Causation: But for the fact
that Hans Peder Jensen was on board the TITANIC, would he have died?
Yes ____, No ____
(b) Proximate Causation: Was there a direct connection
between the actions or omissions of the crew of The White Star Line and
Jensen's death?
Yes ____, No ____
IF BOTH QUESTIONS ARE ANSWERED "YES" THEN PROCEED TO
THE NEXT QUESTION:
4. Damages:
(a) In what amount, if any, is White Star Lines
liable to pay the plaintiff for the wrongful death of Hans
Peder Jensen?
Amount $____________
(b) In what amount, if any, is The White Star Line
liable to pay the plaintiff for loss of Hans Peder Jensen's future
wages for the remainder of his work life?
Amount $_______________
(c) In what amount, if any, is White Star Lines
liable to pay the plaintiff for the physical pain and suffering
of Hans Peder Jensen prior to his death?
Amount $______________
(d) In what amount, if any, is White Star Lines liable
to pay the plaintiff for the mental anguish of Hans Peder
Jensen prior to his death?
Amount $______________
(e) In what amount, if any, is White Star Lines liable
to pay plaintiff for punitive damages for wanton or reckless
disregard in failing to properly perform its duties to plaintiff and to
Hans Peder Jensen?
Amount $______________
Defenses Available to White Star Lines:
1. Superseding Cause: Was an intentional
act by any person other than an employee of White Star Lines that
acted as a superseding cause of Hans Peder Jensen's death? (The intentional
act could be by Hans Peder Jensen himself).
Yes ____, No ____
2. Contributory Negligence: Was Hans Peder Jensen,
in any way, contributory negligent in his own death? If so,
plaintiff
Yes ____, No ____
3. Assumption of the Risk: Did Hans Peder Jensen
assume the risk of his own death?
Yes ____, No ____
Jurors, after you have come to a unanimous conclusion
as to each question below, the completed verdict sheet must be returned
to the judge or bailiff.
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